KAMALA Vs. ADDITIONAL SECRETARY

JUDGEMENT

(1.) This Writ Application challenges an Order of Detention of the third respondent made in Detention Order No.05/2010(CS) dated 09.05.2010 whereby the husband of the petitioner, by name, Kumaresan, was ordered to be detained under the provisions of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act No.7 of 1980) branding him as a "Black Marketer".

(2.) The Court heard the learned counsel appearing for the petitioner and looked into all the materials available, in particular, the order under challenge.

(3.) The detenu was involved in one adverse case and in one ground case. The adverse case was in Crime No.746/2008 dated 14.8.2008 under the provisions of Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) of E.C.Act 1955 registered by Madurai Civil Supplies Criminal Investigation Department. The ground case was registered in Crime No.163/2010 under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) of E.C.Act 1955 by Dindigul Civil Supplies Criminal Investigation Department on 23.4.2010. On 22.4.2010 the detenu was found in possession of 424 bags each containing 50 kgs of Public Distribution System rice. It is not in controversy that pursuant to the recommendation made by the sponsoring authority that the detenu was involved one adverse case and also in one ground case as referred to above, after looking into the materials available, the detaining authority recorded its subjective satisfaction that the activities of the detenu are prejudicial to the maintenance of Public Distribution System and accordingly, made the order of detention under challenge.